Can my landlord show the apartment to someone without my permission?
December 6, 2023 | 40,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
I am contacting you with a question regarding tenancy law. For some time now, I have had the feeling that my landlord enters my apartment without notice and inspects it without obtaining my consent. I feel that my privacy is being violated and I wonder if my landlord has the right to do so.
Background information: I am a tenant in an apartment in a multi-family house and have had a good relationship with my landlord so far. However, I have recently noticed that things in my apartment were slightly moved and I had the impression that someone had entered my apartment when I was not there. When I addressed this with my landlord, he told me that he has the right to inspect the apartment to ensure its condition.
My concern now is that my landlord continues to violate my privacy by entering the apartment without my consent. Therefore, I wonder if my landlord actually has the right to do so and what I can do to protect my privacy. Are there legal regulations that require my landlord to inform me before an apartment inspection and ask for my consent?
I would be grateful if you could assist me in this matter and provide possible solutions. Thank you in advance.
Sincerely,
Heike Meyer
Dear Mrs. Meyer,
I understand your concern regarding the unannounced visits of your landlord to your apartment and can understand that you feel violated in your privacy. In fact, there are clear regulations in German tenancy law that protect the landlord's right to inspect the apartment as well as your rights as tenants.
According to § BetrVG (Entering the rented property by the landlord) of the Civil Code (BGB), the landlord has the right to inspect the apartment to verify its condition. However, this right is not unlimited and must be exercised in a reasonable manner. The landlord is obligated to coordinate with you beforehand and agree on an inspection date. In general, an inspection without your consent is not permissible.
In your case, it is therefore not legitimate for your landlord to enter your apartment unannounced and inspect it. If you feel that your privacy is being violated by your landlord, you should point this out to him and request that he adhere to the legal regulations. You could also inform him in writing that you will only agree to an inspection after prior consultation.
If your landlord continues to enter your apartment unannounced, you could take legal action. In this case, it would be advisable to consult a lawyer specializing in tenancy law to professionally represent your rights. A lawyer can help you obtain an injunction against your landlord and potentially claim damages.
It is important that you protect your privacy and defend yourself against unauthorized visits by your landlord. I therefore recommend that you have a conversation with your landlord and make it clear that you do not accept his behavior. If this does not improve the situation, legal means are available to you to resist the unauthorized visits.
I hope that this information was helpful to you and I am available for any further questions.
Sincerely,
Ludwig Kuhn
